Florida Second DCA rules that Engle progeny tobacco case was based on an intentional tort by tobacco company and therefore not subject to comparative negligence statute

By
Sands, White & Sands, PA
|April 20, 2017

On April 12, 2017, in
Phillip Morris v. Boatright, No. 2D15-622, the Florida Second DCA ruled in an
Engle progeny tobacco case that the cause of action was based on an intentional
tort by tobacco company and therefore not subject to Florida’s comparative
negligence statute. In so holding, the Court concluded that “the
core” of
Engle progeny actions is intentional misconduct by tobacco companies. The Court
certified conflict on this issue with previous decisions by the Fourth
DCA. The Court also concluded that $19.7 million punitive damages award
in the case was not excessive based on a $15 million compensatory damage award.

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